·.":~PL\f~r~~~~·~P,rr oc RE .... ·--!Jt I ,!]._.i\; ' CEIVED . ! ~:f\!~SPQRTAr!Oi~ UNITED STATES OF AMERICA 

>"~-<>\ET OPEii;\Tl0i1JS DEPARTMENT OF TRANSPORTATION . 

OFFICE OF HEARINGS APR 2 3 2012. 

WASHINGTON' DC HEARING DOCKET 

) 

IN THE MATTER OF ) 

) 

LIGHTNING AIRCRAFT CORPORATION ) Docket ID: FAA-2011-1124 

) 

) 

_____________________________ ) 

MOTION TO DISMISS APPEAL FOR FAILURE TO PERFECT APPEAL 

The Federal Aviation Administration (FAA) hereby files this 

Motion to Dismiss Appeal in this case pursuant to 14 C.F.R. 

Section 13.233 (d) (2) of the Rules of Practice in FAA Civil 

' Penalty Actions. In support of this Motion, FAA states as 

follows: 

1. On September 9, 2011, the FAA served a motion to 

dismiss Respondent Lightning Aircraft Corporation's 

request for hearing. The basis of the motion was 

Respondent's failure to file a timely request for a 

hearing: a timely request was due on or before May 

24, 2011; Respondent filed a request on August 31, 

2011. 

2. On February 17, 2012, Chief Administrative Law Judge 

Yoder served an Order of Chief Administrative Law 

Judge Granting Motion to Dismiss Request for Hearing 

and Assessing a Civil Penalty. 
3. On February 27, 2012, Respondent, citing 14 C.F.R. § 

13.233(a), filed its Notice of Appeal of Chief 

Administrative Law Judge Hon. Ronnie A. Yoder's Order 

Granting FAA's Motion to Dismiss Respondent's Request 

For a Hearing. 

4. Pursuant to 14 C.F.R. §§ 13.233(c)and 13.211(e) of the 

Rules of Practice, Respondent had 55 days from the 

time of service of the written initial decision in 

which to perfect its appeal by filing an appeal brief. 

Respondent should have perfected its appeal by filing 

its brief by no later than April 12, 2012. 

5. As of today, Respondent has neither filed an appeal 

brief nor requested an extension of time to so file. 

6. Under 14 C.F.R. § 13.233(d) (2) of the Rules of 

Practice, the FAA Decisionmaker may dismiss an appeal 

when a party has filed an.appeal but has failed to 

timely file an appeal brief. See In the Matter of 

Ingram Daigs James, FAA Order No. 2002-1 (served 

January 11, 2002). 

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WHEREFORE, the FAA respectfully requests that the FAA 

Decisionmaker issue an Order, dismissing Respondent's appeal for 

failure to perfect its appeal. 

Dated: April 18, 2012 

Respectfully submitted, 

Lisa J. Toscano, Attorney 

Office of the Regional Couns~l, 

Western Pacific Region 

Telephone: {310) 725-7110 

Facsimile: (310) · 725-6816 

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, 

DOCKET ID: FAA-2011-1124 

CERTIFICATE OF SERVICE 

I hereby certify that on this date I have placed in the United 

States mail, postage prepaid, the executed original and one 

copy of the Complainant's MOTION TO DISMISS APPEAL FOR FAILURE 

TO PERFECT APPEAL, addressed as follows: 

Hearing Docket Clerk, AGC-430 

Wilbur WrighJ Building, Suite 2W1000 

Federal Aviation Administration 

800 Independence Avenue, S.W. 

W~shington, DC 20591 

I have placed in the United States mail, postage prepaid, 

certified mail~return receipt requested and regular mail, a 

true copy of the above, addressed as follows: 

Charles Mathews, Esq. 

Attorney for Lightning Aircraft Corporation 

2596 Mission Street, Suite 204 

San Marino, CA 91108 

Dated: April 18, 2012 

Legal Technician 

Office of the Regional Counsel 

Western Pacific Region 

Federal Aviation Administration 

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